Capital Increase

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Dear All

I know this is veryu genral but I am a bit Confused

In a PvtCo. the authorised capital has to be increased. But there is no need to amend the AOA only MOA has to be altered.

My query is whether we need to file form 23 also along with form 4.

My interpretation says that only when AOA is altered by passing a special resolution,then only we need to file form 23, otherwise filing of form 5 with ROC would suffice the regsitration of amended moa .

Please suggest

Regards

Priya

Replies (3)

Dear Priya ji,

 

Only form 23 & form 5 are suffice in your condition.

 

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with warm regards,

Aman Kumar Jain
LL.B., M.Com, ACS

AMAN JAIN & ASSOCIATES,
COMPANY SECRETARIES
B-15, SECOND FLOOR,
LAJPAT NAGAR-I,
NEW DELHI-110024
Mob. No. +91.97174.900.58
               +91.93137.82.760


 

Hi In your case If your article permits you can increase authorise capital by passing ordinary resolution no need to file form 23 only form 5 will suffice. In other case you have to file both  form 23 and 5.

Agreed with above comments. Form 5 and 23 need to be filed.


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